The ECRIM research group is part of a research consortium that has recently been awarded a grant to analyse effective implementation of measures for transfer of prisoners and defendants among EU member states. More precisely, this two-year project, called RePerS: Mutual Trust and Social Rehabilitation into Practice and led by the University of Turin, aims to explore the shortcomings of these transfer procedures in three EU jurisdictions, namely Italy, Romania and Spain.

The RePerS project may be summarised as follows:

Subject

The RePers project focuses on three EU measures concerning judicial cooperation in criminal matters in the EU, namely:

Framework Decision 2008/909 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU;

Framework Decision 2008/947 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions;

Framework Decision 2009/829 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention.

Member States involved

More specifically, the project activities address the implementation of these Framework Decisions in Italy, Spain, and Romania. These Member States represent an important test bed for the functioning of the cooperation mechanisms at issue across the European Union, due to both the high number of foreign nationals serving pre-trial detention, prison sentences or probation measures and the expertise developed so far.

Project activities

In relation to Framework Decision 2008/909/JHA, the project activities include a desk review of existing/ongoing academic researches, as well as the analysis of Italian, Romanian and Spanish implementing legislations and relevant documents, such as the memorandum of understanding between Italy and Romania on the transfer of prisoners.

The study of the state of the art is complemented by the analysis of quantitative and qualitative data concerning transfers between the Member States involved. In addition, a survey carried out among relevant practitioners is intended to better identify the strengths and shortcomings of the transfer procedures. The outcomes of these activities will be discussed by a group of selected experts and will represent the backbone for the elaboration of a varied set of e-learning tools addressed to the various practitioners and professionals involved in the transfers of prisoners.

As to Framework Decisions 2008/847/JHA and 2009/829/JHA, the project activities mainly focus on the analysis of the causes of their poor implementation and on the possible ways forward. In this context, the project activities include a background study on existing legislation and data, surveys and interviews with key-actors, and meetings of a working group composed of selected experts.

Objectives and expected outcomes

The project activities are intended to provide a better understanding of the current loopholes in the implementation of the Framework Decisions concerned, with a view to foster the national authorities’ expertise and mutual trust. Therefore, the project aims at improving the cooperation between Italy, Spain, and Romania, by developing best practices that could be beneficial to other Member States in the future.

In this context, the project also pursues the objective of improving data collection at the national level, as an essential precondition to boost cooperation.

Consortium

The consortium gathers universities, governmental authorities and associations from Italy, Spain, and Romania. The composition of the consortium is intended to provide a multi-sectoral approach to the subject matter and to achieve a deeper understanding of the issues at stake. The partners are: